A class-action lawsuit filed by a Los Angeles law firm seeks $5 million in damages from the Del Mar company that operates portable charger swapping machines at Disneyland, Disney World, Universal Studios, SeaWorld and other theme parks.

The class-action suit was filed on Oct. 25 in the U.S. District Court for the Southern District of California in San Diego against Tricopian Inc. and SaveMe Batteries North America, the parent companies of FuelRod portable chargers. The suit was filed by the L.A. law office of Francis J. Flynn Jr. on behalf of plaintiff Gabriel Veasey of Sarasota, Florida.

Veasey bought a $30 FuelRod portable charger at Walt Disney World that included “free unlimited swaps” at a kiosk machine now advertising that swapping will cost $3 beginning Nov. 1, according to the lawsuit. The lipstick-sized USB device can be used to remotely charge mobile phones and tablets.

“The price of the device is intended to cover not just the cost of the charger itself, it also essentially includes prepayment for the future swaps of the charger and the ability to get an essentially endless stream of portable power,” the lawsuit said.

The lawsuit alleging a breach of contract and false advertising by FuelRod says there are thousands of potential class-action plaintiffs.

FuelRod bills itself as a reusable and swappable portable charging system for powering up mobile devices on the go.

FuelRod kiosks can be found at airports, zoos, hotels and theme parks around the world. FuelRods are available at Busch Gardens Tampa, Indiana’s Holiday World and Disney, Universal Studios and SeaWorld locations in California and Florida. FuelRods are also available locally at places like the Santa Ana Zoo, Long Beach Airport and Pala Casino, according to the company’s website.

The lawsuit alleges that FuelRod fundamentally changed the primary benefit of the product that promised consumers would pay once for the charger and get unlimited free replacements. “Free unlimited swaps” were an integral part of FuelRod’s marketing message, the lawsuit states.

The lawsuit says consumers can purchase other portable chargers for less than $10 that are less expensive, last longer and charge faster than the $30 FuelRod chargers.

“With the chargers themselves undersized and underpowered as compared to their price tag, why would someone pay $30 for this device?” the lawsuit said. “The answer is that they are not simply paying for the device, they are paying for the service that accompanies it.”

FuelRod, Disneyland, Universal Studios Hollywood and SeaWorld San Diego were contacted for comment but did not reply before publication.

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